JUDGEMENT OF MILLS-ODOI J.S.C.
This is an appeal from the judgment of Apaloo J. (as he then was) sitting in the High Court, Kumasi. The action resulting in this appeal was instituted by the plaintiffs-respondents (hereinafter shortly referred to as the plaintiffs) against the defendant-appellant (hereinafter referred to as the defendant) claiming for themselves and as representing the other members of the Roman Catholic Church of Juaso a declaration of title to a piece of land, a site plan of which was attached to the writ, an injunction to restrain the defendant from building on the said land, and damages for trespass.
The case for the plaintiffs is that about the year 1928 the land in dispute was granted to them by the Juasohene, Nana Kofi Danso, for the purpose of building thereon a Roman Catholic Church; but before any aseda or customary drink could be paid or given to the Juaso stool to validate the grant Nana Danso died. He was however succeeded by Nana Kwabena Agyei to whom the …